Cited Laws
TL;DR — Ruling
The appeal is without merit.
accordingly, sentenced each of them to suffer the penalty of reclusion perpetua ; and ordered them to indemnify AAA the amounts of PHP 75,000.00 each as civil indemnity, moral, and exemplary damages with interests of 6% per annum computed from the finality of the decision until fully paid. 13 In convicting accused-appellants, the RTC gave credence to the lone testimony of AAA that she was asleep and was awakened by the weight of Andre; and that accused-appellants successively went on top of her and inserted their penises into her vagina against her will. The RTC found AAA's testimony and positive identification of accused-appellants as her perpetrators credible, and it found no ill motive on her part to fabricate a story against accused-appellants. The RTC also found conspiracy to be present from accused-appellants's acts that showed a unified and conscious design to sexually molest AAA. However, despite the presence of conspiracy, the RTC only convicted each of accused-appellants for one count of rape as only one Information was filed against them. 14 Aggrieved, accused-appellants appealed to the CA. 15 The CA Ruling In a Decision 16 dated February 10, 2021, the CA affirmed the RTC ruling. The CA sustained AAA's credibility over accused-appellants' imputation of ill motive and arguments regarding the absence of hymenal lacerations and alleged inconsistencies in AAA's testimony. The CA held that accused-appellants' allegation that AAA was motivated by jealousy is untenable as AAA admitted that she had another boyfriend aside from Andre. AAA further testified that she knew that Andre also had another girlfriend, which is fine with her; and that she filed the complaint because she felt wronged when she was sexually abused by three persons. Moreover, the CA held that hymenal laceration is not essential in establishing rape. The CA further held that the alleged inconsistencies in AAA's testimony relate to trivial matters, which do not impair AAA's credibility. If at all, they prove that AAA's testimony was unrehearsed. 17 In a Resolution 18 dated September 29, 2021, the CA denied accused-appellants' motion for reconsideration; 19 hence, accused-appellants filed the instant appeal. 20 The Issue Before the Court The core issue for the Court's resolution is whether accused-appellants are guilty beyond reasonable doubt of the crime of rape. The Court's Ruling The appeal is without merit. At the outset, it must be stressed that in criminal cases, an appeal throws the entire case wide open for review and the reviewing tribunal can correct errors, though unassigned in the appealed judgment, or even reverse the trial court's decision based on grounds other than those that the parties raised as errors. The appeal confers the appellate court full jurisdiction over the case and renders such court competent to examine records, revise the judgment appealed from, increase the penalty, and cite the proper provision of the penal law. 21 Guided by the foregoing